KRS 630.120: Conduct of dispositional hearings -- Prohibition against commitment for

certain alcohol and tobacco offenses.

(1) All dispositional hearings conducted under this chapter shall be conducted in

accordance with the provisions of KRS 610.060 and 610.070. In addition, the court

shall, at the time the dispositional order is issued:

(a) Give the child adequate and fair written warning of the consequences of the

violation of the order; and

(b) Provide the child and the child's attorney, and parent, or legal guardian a

written statement setting forth the conditions of the order and the

consequences for violating the order.

An order issued pursuant to this section is a valid court order and any child

violating that order may be subject to the provisions of KRS 630.080(4).

(2) The court shall consider all appropriate local remedies to aid the child and the

child's family subject to the following conditions:

(a) Residential and nonresidential treatment programs for status offenders shall

be community-based and nonsecure; and

(b) With the approval of the education agency, the court may place the child in a

nonsecure public or private education agency accredited by the Department of

Education.

(3) At the disposition of a child adjudicated on a petition brough t pursuant to this

chapter, all information helpful in making a proper disposition, including oral and

written reports, shall be received by the court provided that the child, the child's

parents, their counsel, the prosecuting attorney, the child's counse l, or other

interested parties as determined by the judge shall be afforded an opportunity to

examine and controvert the reports. For good cause, the court may allow the

admission of hearsay evidence.

(4) The court shall affirmatively determine that all ap propriate remedies have been

considered and exhausted to assure that the least restrictive alternative method of

treatment is utilized.

(5) The court may order the child and the child's family to participate in any programs

which are necessary to effectuate a change in the child and the family.

(6) When all appropriate resources have been reviewed and considered insufficient to

adequately address the needs of the child and the child's family, the court may,

except as provided in subsection (7) of this section, commit the child to the cabinet

for such services as may be necessary. The cabinet shall consider all appropriate

local remedies to aid the child and the child's family subject to the following

conditions:

(a) Treatment programs for status offenders shall be, unless excepted by federal

law, community-based and nonsecure;

(b) The cabinet may place the child in a nonsecure public or private education

agency accredited by the department of education;

(c) The cabinet may initiate proceedings pursuant to KRS 610.160 when the

parents fail to participate in the cabinet's treatment programs; and

(d) The cabinet may discharge the child from commitment after providing ten

(10) days' prior written notice to the committing court which may object to

such discharge by holding court review of the commitment unde r KRS

610.120.

(7) No child adjudicated guilty of an alcohol offense under KRS 244.085 or a tobacco

offense under KRS 438.305 to 438.350 shall be committed as a result of that

adjudication.